A Federal High Court sitting in Benin, Edo State, has convicted, Mr. Onovo Osita Malachy, for defrauding a foreigner of $140,000 through a love scam. Malachy was arraigned by the Economic and Financial Crimes Commission, EFCC, Benin Zonal Office on a one-count charge bordering on obtaining money by false pretence. Upon arraignment, the defendant pleaded “guilty” to the charge.
The charge reads: “That you Onovo Osita Malachy on or about 4th day of July 2017 in Benin, Edo State within the jurisdiction of this honourable court, did by means of fraudulent trick to wit: love scam on a dating site obtained the sum of $140,000 only from Helen Wang and thereby committed an offence punishable under Section 421 of the Criminal Code Act CAP C38 Laws of the Federation of Nigeria, 2004.” Based on his plea, the prosecuting counsel, Larry Aso Peters, prayed the court to convict and sentence the defendant accordingly. The defence counsel, I. U. Uchechukwu, pleaded with the court to temper justice with mercy as the defendant, “has become remorseful.” On Wednesday, Justice A. A. Demi- Ajayi sentenced the defendant to 12 months imprisonment.
The convict is also to forfeit all assets traced to him including an uncompleted building and a Toyota Camry 2007 model to the Federal Government. In another development, the EFCC on Wednesday also arraigned Ola Olu Olakunle for an alleged N5.2 million fraud. Olakunle was arraigned before Justice Oluwatoyin Taiwo of the Special Offences Court sitting in Ikeja, Lagos on a seven-count charge of stealing, inducement, possession of documents containing false pretence and forgery to the tune of N5,296,655,17.
He pleaded not guilty to the charges preferred against him. The EFCC Acting Head, Media & Publicity, Tony Orilade, said: “In view of his plea, the prosecution counsel, M. S. Usman, prayed the court for a trial date and asked that the defendant be remanded in prison custody.” Counsel to the defendant, O. O. Ogunjimi, however, objected the prayers of the prosecution seeking that his client be remanded in prison custody. Ogunjimi informed the court of a bail application dated January 8, 2019 and also prayed the court to admit his client to bail in the most liberal terms on health grounds.
He further urged the court to remand the defendant in the EFCC custody pending the perfection of his bail if granted. In his response, the prosecution counsel, Usman, opposed the bail application of the defence with a 17-paragraph affidavit deposed to by Abdullahi Tukur, an operative of the EFCC. Also attached were two exhibits that were relied on as arguments. Usman submitted that in the likelihood that bail was granted, the defendant should be remanded in prison custody pending the perfection of his bail “because the Commission no longer has jurisdiction over the defendant since his plea has been taken.”
Justice Taiwo granted the defendant bail in the sum of N2 million and two sureties in like sum. One of the sureties must be a civil servant of Grade Level 15 and must provide a letter of introduction and pay slip. The second surety must be a blood relation with an affidavit of proof and tax clearance in the last two years. The judge also ordered that the sureties must provide proper identification, which will be verified by the EFCC and the court orderly. Justice Taiwo adjourned the matter till February 8 and also ordered the defendant to be remanded in the EFCC custody pending the perfection of his bail conditions.
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